The limits of popular consultation in Ecuador

Authors

DOI:

https://doi.org/10.18272/ulr.v8i2.2324

Keywords:

Popular consultation, constitutional limits, systematic interpretation, constitutional interpretation, citizen participation, constitutional control

Abstract

This article examines the constitutional limits of popular consultation, which is recognized in article 104 of the Ecuadorian Constitution. In order to do so, this paper first addresses the importance of popular consultation as well as some of its disadvantages, which may question its effectiveness as a true citizen participation mechanism. Subsequently, this article justifies the need for a systematic interpretation of the Constitution in order to determine the scope of popular consultation and analyzes its limits on the basis of a comprehensive reading of the constitutional text and a critical look at the Constitutional Court"™s jurisprudence.

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Author Biography

  • Juan Francisco Guerrero del Pozo

    Free practice lawyer. Partner of Durini & Guerrero Abogados. Constitutional and Procedural Law Professor in several universities in Ecuador. 

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Published

2021-10-26

Issue

Vol. 8 No. 2 (2021)

Section

Papers

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How to Cite

Yépez, María, and Juan Francisco Guerrero del Pozo. “The Limits of Popular Consultation in Ecuador ”. USFQ Law Review, vol. 8, no. 2, Oct. 2021, pp. 183-11, https://doi.org/10.18272/ulr.v8i2.2324.

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